BILL NUMBER: AB 1844 CHAPTERED
BILL TEXT
CHAPTER 618
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2012
APPROVED BY GOVERNOR SEPTEMBER 27, 2012
PASSED THE SENATE AUGUST 28, 2012
PASSED THE ASSEMBLY AUGUST 29, 2012
AMENDED IN SENATE AUGUST 22, 2012
AMENDED IN SENATE AUGUST 20, 2012
AMENDED IN SENATE JULY 2, 2012
AMENDED IN SENATE JUNE 20, 2012
AMENDED IN ASSEMBLY APRIL 26, 2012
AMENDED IN ASSEMBLY APRIL 17, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Campos
(Principal coauthor: Senator Yee)
(Coauthors: Assembly Members Alejo, Allen, Gordon, Roger
Hernández, Hueso, Lara, Perea, Portantino, Wagner, Wieckowski, and
Yamada)
FEBRUARY 22, 2012
An act to add Chapter 2.5 (commencing with Section 980) to Part 3
of Division 2 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1844, Campos. Employer use of social media.
Existing law generally regulates the conduct of employers in the
state.
This bill would prohibit an employer from requiring or requesting
an employee or applicant for employment to disclose a username or
password for the purpose of accessing personal social media, to
access personal social media in the presence of the employer, or to
divulge any personal social media. This bill would also prohibit an
employer from discharging, disciplining, threatening to discharge or
discipline, or otherwise retaliating against an employee or applicant
for not complying with a request or demand by the employer that
violates these provisions.
Under existing law, the Labor Commissioner, who is the Chief of
the Division of Labor Standards Enforcement in the Department of
Industrial Relations, is required to establish and maintain a field
enforcement unit to investigate specified violations of the Labor
Code and other labor laws and to enforce minimum labor standards.
Existing law authorizes, and under specified circumstances requires,
the Labor Commissioner to investigate employee complaints of
violations of the Labor Code, provide for a hearing, and determine
all matters arising under his or her jurisdiction.
This bill would provide that the Labor Commissioner is not
required to investigate or determine any violation of a provision of
this bill.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 2.5 (commencing with Section 980) is added to
Part 3 of Division 2 of the Labor Code, to read:
CHAPTER 2.5. EMPLOYER USE OF SOCIAL MEDIA
980. (a) As used in this chapter, "social media" means an
electronic service or account, or electronic content, including, but
not limited to, videos, still photographs, blogs, video blogs,
podcasts, instant and text messages, email, online services or
accounts, or Internet Web site profiles or locations.
(b) An employer shall not require or request an employee or
applicant for employment to do any of the following:
(1) Disclose a username or password for the purpose of accessing
personal social media.
(2) Access personal social media in the presence of the employer.
(3) Divulge any personal social media, except as provided in
subdivision (c).
(c) Nothing in this section shall affect an employer's existing
rights and obligations to request an employee to divulge personal
social media reasonably believed to be relevant to an investigation
of allegations of employee misconduct or employee violation of
applicable laws and regulations, provided that the social media is
used solely for purposes of that investigation or a related
proceeding.
(d) Nothing in this section precludes an employer from requiring
or requesting an employee to disclose a username, password, or other
method for the purpose of accessing an employer-issued electronic
device.
(e) An employer shall not discharge, discipline, threaten to
discharge or discipline, or otherwise retaliate against an employee
or applicant for not complying with a request or demand by the
employer that violates this section. However, this section does not
prohibit an employer from terminating or otherwise taking an adverse
action against an employee or applicant if otherwise permitted by
law.
SEC. 2. Notwithstanding any other provision of law, the Labor
Commissioner, who is Chief of the Division of Labor Standards
Enforcement, is not required to investigate or determine any
violation of this act.